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Property Law

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A written answer, marked

A question from a property law mock paper, answered and marked. From Property Law Practice Questions: 8 Worked Examples.

Paper — Property Law — Proprietary estoppel18:42
82%Property Law — Proprietary estoppel — marked27/33 marks · 18:42 taken

An owner tells a relative, ‘This farm will be yours.’ The relative works on the farm for years for little pay, relying on that assurance. The owner later withdraws it. Advise the relative on a proprietary estoppel claim and remedy.

3/4

The relative can argue that the owner gave an assurance about the farm and that they relied on it by working for little pay. That reliance caused detriment, so it may be unconscionable for the owner to go back on the assurance. The court can grant a remedy to address the equity.

The answer identifies assurance, reliance, detriment and unconscionability. It correctly avoids treating the promise as an automatic transfer of title.

Missed

Apply the facts when discussing the remedy: explain why the promised farm may or may not be proportionate to the detriment and reliance.

Model answerThe relative can plead proprietary estoppel. The assurance must be sufficiently clear, and the relative must show reliance and detriment. The court considers whether it would be unconscionable for the owner to withdraw in light of all the circumstances. The relative’s years of work for little pay are evidence of reliance and detriment, but the precise facts matter. Any remedy is aimed at satisfying the equity and is not automatically the full promised farm.

This marked response shows a strong answer that loses a mark by leaving the remedy application too general.
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